Consumer Affairs Act (Cap. 378), article 12E

12E. (1) In cases of urgency due to the risk of immediate and serious harm to the collective in terests of consumers, the Dire ctor General may, at any stage during an investigation initiated acc ording to article 12, or at any stage d uring the judicial proceedings initiated according to article 12(5), file an application before the Civi l Court requesting that interim measures are issued for such period of time to be established by the Civil Cour t so that the person concerned remedies the situation. (2) The application shall be served on the person concerned, who shall within eight days fro m the notification thereof, file his reply to propose any remedies or to contest the request for interim m easures providing the reasons thereto. (3) The Civil Court shall decide the application with urgency either in camera or after hearing the advocates of the parties, if it deems fit, provided that not more than one sitting may be fixed for such purpose. (4) The decree of the Civil Court ordering the issue of interim CONSUMER AFF AIRS [CAP. 378. 21 measures shall be enforceable upon its delivery and shall remai n in force for that period of time established by the Civil Court. A n appeal from the interim measures imposed by the Civil Court according to sub-article (1) may be lodged by the aggrieved party by means o f an application filed before the Court of Appeal within six (6) day s from the date of such decree on the legality, including the proporti onality of the interim measures, and the pa rty against whom such an applic ation is filed shall reply thereto within six (6) days from the date of service of such an application: Provided that an appeal filed in accordance with this sub- article shall not have the effec t of suspending any interim mea sures imposed by the Civil Court: Provided further that the Court of Appeal shall decide on the application filed according to t his sub-article in an expedited manner. (5) Any person who infringes the decree ordering the interim measures shall be liabl e to a penalty according to article 106A . Order by the Civil Court. Added by: XVI.2019.13. Amended by: XLIV .2021.10.